Trial date was
February 7th, 2014.
No one had provided me a with a copy of the
2013 Waterway
Marker Application Permit [
Form 8700-058 (
R11/06)] which enforced the buoy to prohibit boaters from that inlet.
The
Paddle Boat Rental people were a non-issue.
The police didn't bother to get the permit to restrict the area, they were under the assumption the buoy by itself was enforceable.
The prosecutor made me the offer to reduce the fine again. I refused it. He then took me into the hallway to speak off the record.
Wanted to know if I was showing the video or not. I wasn't. He saw the pack of papers I had in my hand and got concerned about it going to trial.
Once I began to show the prosecutor, via emails, letters and a 2014 Waterway Marker Application Permit [Form 8700-058 (R11/06)], that no one from Summerfest to the
Harbor Commission has requested the area to be restricted. And that
Wisconsin statute 30.10 and the
Public Trust Doctrine protect my right to use the waterway.
He then took the officer out into the hallway. Then came back in and showed me the photos the officer took of the scene. He pointed to a photo showing a
sign Summerfest had up saying the area was restricted. I ask why the sign didn't have the permit number at the bottom of it to prove it was enforceable.
Anyone can make a do not enter sign. Then the prosecutor ask to meet with the
Judge in his chamber and brought me with. So I entered the lion's den and we had a long talk. I explained that Sgt
Bell had written a letter to the
DNR Warden admitting "The legal basis for enforcing violations of the restriction is questionable." Included with the letter was the 18 July 2013 application by Sgt Bell for a Waterway Marker Application Permit [Form 8700-058 (R11/06)]. That led me to believe there is no 2013 permit.
The prosecutor blamed the pretrial DA with the pierced nose for not making me a "
Hold Open Disposition." Then in front of the Judge he offered it to me and the Judge said he's not supposed to hear that, but it sounds like a good offer. If it were a
Hollywood movie, I would have said hell no and walked back out into the court room to win and the seats would have been packed with people from the community supporting my decision to fight and carry on. In reality, I was in the lion's den which is not common to be invited inside. The lion and the tiger offered me a chance to leave without taking a bite as long as I refrain from anymore pirating activities for the next six months, the "Hold Open Disposition." I took it, cause that is a win for me and a win for the court. This whole thing was a misunderstanding. The rules have been well defined now.
***To anyone who has anything negative against these police officers in the video***
Let me be clear, my father was a
Milwaukee Police Officer for 32 years. He raised me, the guy you are trying to champion against the cops. I am a 15 year veteran of the
United States military and former
Special Forces operator. The us against them approach is counterproductive.
Officers need to be presented with the facts if they are wrong, that is what I did in court.
The prosecutor explained to me these officers names have been place on some internet kill lists.
I have never heard of that before, but it disturbs me. If anyone reading this has done so, retract your action. Educating people is the only way to make a real
difference in society. I personally, detest that behavior or anyone leaving comments calling these cops derogatory names. If you want real change, work towards it in a smarter and safer way.
As to the legality of the last 20 years of tickets issued to other boaters, that's for the local news to figure out.
- published: 08 Jul 2013
- views: 144094